House Passes JUDGES Act Despite Biden's Veto Threat After Trump's Election Victory

 December 12, 2024

A political battle over federal judicial appointments intensifies as lawmakers clash over legislation that could shape the federal judiciary's future.

According to Fox News, the House of Representatives passed the Judicial Understaffing Delays Getting Emergencies Solved Act (JUDGES Act) on Thursday.

This legislation would give President-elect Trump the authority to appoint 22 federal judges during his upcoming term, despite President Biden's explicit threat to veto it.

The bill, which received bipartisan support when it passed the Senate in August, authorizes the creation of 63 new permanent district judgeships over the next decade.

Under the proposed legislation, these appointments would be staggered, with the first set of 11 judges to be appointed in 2025, followed by additional appointments in subsequent years through 2035.

Political Divide Deepens

The once-bipartisan legislation has become a focal point of partisan tension following Trump's election victory. Democratic support for the bill has notably diminished, with many party members withdrawing their backing after the presidential election results. The shift in Democratic stance was particularly evident in Rep. Hank Johnson's floor speech, where the bill's former Democratic co-sponsor declared his opposition.

House Speaker Mike Johnson addressed this political reversal, stating:

Today, the House passed the JUDGES Act to authorize additional federal judges to ensure the American people receive timely and fair justice. This important legislation garnered broad, bipartisan support when it unanimously passed the Senate in August because it directly addresses the pressing need to reduce case backlogs in our federal courts and strengthen the efficiency of our judicial system.

The White House has taken a firm stance against the legislation, arguing that the bill is unnecessary for effective judicial administration. The administration specifically pointed to concerns about states where senators have deliberately kept judicial vacancies open.

Legislative Implementation Timeline

The JUDGES Act outlines a detailed schedule for judicial appointments spanning the next decade. The legislation proposes appointing 11 judges in 2025, another 11 in 2027, followed by 10 in 2029, 11 in 2031, 10 in 2033, and the final 10 in 2035. This staggered approach aims to address the growing backlog of cases in federal courts systematically.

The bill secured passage in the House with a vote of 236 to 173, gaining support from 29 Democrats despite the party leadership's opposition. Senator Todd Young, the bill's Republican co-sponsor, expressed support for the legislation's passage on social media, urging President Biden to sign it into law.

The White House's statement of opposition specifically criticized the timing of the House vote, noting that the chamber waited until after the election to consider the legislation that had been passed by the Senate in August. The administration argued that rushing to add judges in the final weeks of the 118th Congress would leave key questions about judge allocation unresolved.

Critical Next Steps

The JUDGES Act represents a significant attempt to address the nationwide case backlog in federal courts through systematic judicial expansion. The legislation, which initially enjoyed broad bipartisan support, has now become entangled in post-election political dynamics.

The bill's fate now rests with President Biden, who must decide whether to follow through on his veto threat. The legislation's passage in the House with some Democratic support, despite party leadership opposition, highlights the complex political considerations surrounding judicial appointments.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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